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Kenny Singh (CEO)     14 July 2012

Video deposition help needed

Dear Sir

 
I have been reading your posts and am hoping that you could help me.
 
I am currently residing in Dubai and me and my wife have filed for a mutual divorce.  Due to my wife having supplied for her H1 visa, which takes approx 6 months, she was not able to appear in person in court, and the court has accepted for her to depose by web cam from USA.  We contacted the indian embassy in NEW YORK for same, and they said they don't have the facility for same.  The time set is for 2 pm here which would be 4 AM there.. We wish to get you guidance as to how this has to setup so that same is acceptable to the district courts of delhi.
 
Please help us
 
regards


Learning

 4 Replies

Anish Thakur 7018812737 (advocate)     14 July 2012

dear kenny singh ,

your details are incomplete .,

which court has accepted for webcam proceeding in india or where ?

indian ambassy is not responsible for providing such facility if proceeding is in done in another country and if proceedingd is in indian court the courts orders issuing such permission can be sen to the concerned indian ambassy through foreign ministry

feel free to call on 9459321520

Kenny Singh (CEO)     14 July 2012

My case in Tiz Hazari court and direction have been issued by the court to set up the web cam deposition in august. The problem i am facing is that INDIAN EMBASSY IN NEW YORK says they have no such setup there.. So i need to know how to do the same. This is FIRST MOTION being passed... for second we both would come in 6 months as required. Thanks sir

Tajobsindia (Senior Partner )     14 July 2012

@ Author,


First - Seek written reply from Indian Consulate Generals Office in NY on Indian Courts direction to arrange for video up-link facility for party for MCD proceedings taking place in
India during august month.


1.
Convey this written reply (their verbal reply will not do) of NY Indian Consulate to concerned Court at THC, Delhi for issuing directions for alternate method via your PoA / Advocate here in Delhi.

2. Direction that the Court should give is - Direction given to Indian Consulate at NY to depute one of their staff on 'party direct pay' method to verify party during h/er private Laptop arranged video uplink in matter of party's MCD at such and such time + at such and such date.

3. This express direction need to be expressly conveyed to Indian Consulate Generals office in NY via Min. of External Affairs from ld. ADJ at THC. Delhi Office before next date of hearing approaches for compliance.
4. Once this direction gets received by Indian Consulate Generals office in NY they will surely depute one of their local staff and h/er  charges would be born directly by you and matter can be dealt with via "private uplink method" i.e. use your laptop and camera supported by local super fast T 1 data line to depose via video conference in your MCD proceedings and the Consulate Official deputed on spot will vouch for such party during this video uplink.


This is doable Court process unless your side acts very fast if August is next date of hearing. Or even if there is delay in communication via channels then on next date of hearing seek adjournment citing “arranging for alternate video conference up-linking thus grant adjournment with next date of hearing and expressly convey Court direction to concerned Ministry for follow-up”.

1 Like

surjit singh (Assistant)     14 July 2012

Since the court has fixed August, and the process cannot be completed before august you can approach the court for more time. You can try to get from the court an order to the concerned authority for expediting the matter.

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